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HomeMy WebLinkAbout07_020 PC Resolution PC RESOLUTION NO. 07-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA06-0026 A CONDITIONAL USE PERMIT TO CONSTRUCT A 70 FOOT TALL WIRELESS TELECOMMUNICATION FACILITY WITHIN A 676 SQUARE FOOT ENCLOSURE TO BE LOCATED AT ORCHARD CHRISTIAN FELLOWSHIP CHURCH AT 42010 MORAGA ROAD ADJACENT TO THE NORTH WEST CORNER OF RANCHO CALIFORNIA AND MORAGA ROADS (APN: 921-310-004) Section 1. Procedural Findinqs. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 25, 2006, Randi Newton representing Spectrum Surveying and Engineering, Inc. filed Planning Application No. PA06-0026 (Conditional Use Permit) in a manner in accord with the City of T emecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on June 6, 2007, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA06-0026 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinqs. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Code Section 17.040.010.E) A. The proposed conditional use is consistent with the General Plan and the Development Code; The General Plan states that compatibility between adjacent land uses is essential to achieve a safe, efficient, and well-organized community. The proposed Conditional Use Permit is compatible with the surrounding land uses. The proposed use requires a minimal amount of servicing, which will create very little traffic. The proposed use is consistent with and meets all the requirements stated in the Telecommunications Facility and Antenna Ordinance. G:\Planning\2006\PA06-0026 T-Mobile Monopine - Wireless Fac\Planning\PC RESOLUTION EXEMPT FROM CEQAdoc 1 B. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures; The proposed project was designed to integrate with the existing building and landscaping on the project site and adjacent drainage feature. The tree will be located adjacent to a large drainage feature with dense green trees and other various types of native plant specimens. The proposed broadleaf tree was designed to blend in with the drainage feature greenery. The broadleaf tree will consist of two transmitter and two receiver panel antennas per sector, with three sectors proposed, for a total of twelve six-foot antennas. The City's Telecommunication Consultant has reviewed the proposal and has determined that the branch coverage and antenna location is appropriate and is in compliance with FCC safety rules and regulations. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer area, landscaping and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood; Planning staff has reviewed the requirements of the performance standards delineated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code. As a result, staff has determined that the proposed conditional use meets the requirements of the Development Code. D. The nature of the proposed conditional use is not detrimental to the health, safety, and welfare of the community; The location of the structures housing the antennas will be enclosed by a eight- foot tall block wall within a privately owned commercial site makes them inaccessible to the general public. Furthermore, provisions are made in the General Plan, the Development Code, and Building and Fire Safety Codes to ensure that the public health, safety, and welfare are safeguarded. The project is consistent with these documents and will be conditioned to meet all applicable requirements. In addition, wireless telecommunication facilities and antennas are not known to emit hazardous substances or emit amounts of radiofrequency energy (RF) above permitted levels as regulated by the Federal Communications Commission. E. The decision to conditionally approve the Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council; The project will be completely reviewed, as a whole, in reference to all applicable codes and ordinances before the Planning Commission. G:\Planning\2006\PA06-0026 T~Mobile Monopine - Wireless Fac\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc 2 Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be Categorically Exempt from further environmental review (Section 15303, Class 3 New Construction of Small Structures). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA06-0026, a Conditional Use Permit to construct a 70 foot tall T-Mobile wireless telecommunication facility located at 42010 Moraga Road subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference G:\Planning\2006\PA06-0026 T-Mobile Monopine - Wireless Fac\Planning\PC RESOLUTION EXEMPT FROM CEQA.doc J Section 5. PASSED, APPROVED Planning Commission this 6th day of June 2 ADOPTED by the City of Temecula , airman ATTEST: 7!Jthf/: (~54 Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07-20 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of June 2007, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None 7)Uhi~ - ~ }0 Debbie Ubnoske, Secretary G:\Planning\2006\PA06-0026 T-Mobile Monopine. Wireless Fac\Planning\PC RESOLUTION EXEMPT FROM CEQAdoc 4 EXHIBIT A FINAL CONDITIONS OF APPROVAL G:\Planning\2006\PA06-0026 T-Mobile Monopine. Wireless Fac\Planning\PC RESOLUTION EXEMPT FROM CEQAdoc 5 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA06-0026 Project Description: A Conditional Use Permit to construct a 70-foot tall T- Mobile wireless telecommunication facility within a 676 square foot enclosure to be located at Orchard Christian Fellowship at 4201 0 Moraga Road, adjacent to the north- west corner of Rancho California and Moraga Roads Assessor's Parcel No. 921-310-004 MSHCP Category: DIF Category: TUMF Category: Commercial Service Commercial Service Commercial Approval Date: June 6, 2007 Expiration Date: June 6, 2009 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1 . The applicanVdeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicanVdeveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). G:IPlanning\2006IPA06-0026 T-Mobile Monopine - Wireless FaclPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 1 GENERAL REQUIREMENTS G:IPlanning\2006IPA06-0026 T-Mobile Monopine - Wireless FacIPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 2 Planning Department 2. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 5. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 7. The foliage of the broad leaf tree shall include lighter variations of green, for a more realistic look. A revised color and material board shall be submitted to the Planning Department for review and approval prior to building permit issuance. 8. The applicant shall comply with the City's Telecommunication Consultant letter dated May 17,2007, a copy of which is attached. 9. An encroachment permit shall be applied for and approved by the Public Works Department. (Condition added at the June 6, 2007 Planning Commission> Fire Prevention Bureau 10. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. G:\Planning\2006\PA06-0026 T-Mobile Monopine - Wireless FacIPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 3 11. Fire Department vehicle access roads shall maintain an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches (CFC 902.2.2.1). Community Services Department 12. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 13. The developer shall comply with the Public Art Ordinance. G:\Planning\2006\PA06-0026 T-Mobile Monopine - Wireless FacIPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 4 PRIOR TO ISSUANCE OF GRADING PERMITS G:\Planning\2006IPA06-0026 T-Mobile Monopine - Wireless FacIPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 5 Planning Department 14. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeologicaVcultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeologicaVcultural resource, the Director of Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." G:IPlanning\2006IPA06-0026 T-Mobile Monopine - Wireless FacIPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 6 \ PRIOR TO ISSUANCE OF BUILDING PERMIT G:\Planning\2006IPA06-0026 T-Mobile Monopine - Wireless FaclPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 7 Planning Department 15. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. A note on the plans stating that "Two landscape inspections are required: one inspection is required for irrigation lines and a separate inspection is required for final planting inspection." c. One copy of the approved grading plan. d. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). e. Total cost estimate of plantings and irrigation (in accordance with approved plan). f. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicanVowner shall contact the Planning Department to schedule inspections. 1 e. The applicant shallllFeviEle tRe PlaRRiR~ gel3ar-lRleRt 'llitR written cerresllaRElaRse IraRl the property O'llROr indisatin~ seRsaRt far tRe El8si~R aREllasation of antennas aReI eElllillRlent within tRe cllpola pOrtiOR af tRe 8IliIEliR~. Deleted at the June 6, 2007 Planning Commission Hearing 17. A maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Director prior to the approval of the building permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility. The agreement shall be in accordance with section 17.40.210 of the ordinance and comply with all provisions set forth in this section. Building and Safety Department 18. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 19. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. G:IPlanning\2006IPA06-o026 T-Mobile Monopine - Wireless FacIPlanninglMASTER COA.BY TIMING MECH 01.07 _2.doc 8 20. Obtain all building plans and permit approvals prior to commencement of any construction work. 21. Obtain street addressing for all proposed buildings prior to submittal for plan review. 22. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 23. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 24. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 25. Show all building setbacks on plot plan. Fire Prevention Bureau 26. During building construction, all locations where structures are to be built or altered shall maintain approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2). 27. All/any manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC 902.4). 28. Provide a 2A:1 OB:C fire extinguisher inside each building, enclosure or temporary structure on the site. 29. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). Community Services Department 30. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. G:IPlanning\2006IPA06-<l026 T-Mobile Monopine - Wireless FecIPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 9 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT G:lPlanning\2006\PA06-0026 T-Mobile Monopine . Wireless FaclPlanninglMASTER COA.BY TIMING MECH 01.07 _2.doc 10 Planning Department 31. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 32. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. 33. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. G:IPlanning\2006IPA06-0026 T-Mobile Monopine - Wireless FacIPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 11 OUTSIDE AGENCIES G:IPlanning\2006IPA06-0026 T-Mobile Monopine - Wireless FacIPlanninglMASTER COA-BY TIMING MECH 01.07 _2.doc 12 34. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated February 7,2006, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name G:IPlanning\2006IPA06-0026 T-Mobile Monopine - Wireless FacIPlanninglMASTER COA.BY TIMING MECH 01.07 _2.doc 13 I~- ,:- Kramer.Firm Inc. Telecommunications Technology Counsel (or Government Agencies and Private Institutions Since 1984 www.KramerFirm.com Main Office: Kramer@KramerFirm.com Tel -I- 1 (310) 4739900 Fax + I (3] 0) 473 5900 Suite 306 2001 S. Barrington Avenue Los Angeles, California Planning Memorandum To: From: Date: RE: Subject: Christine Damko, Associate Planner, City of Temecula Jonathan L. Kramer May 17, 2007 T -Mobile Wireless - 42101 Moraga Road (PA06-0026) Revised Tree Design Comments and Proposed Conditions Change in Tree Design These comments are prompted by T -Mobile's decision to change the tree design from a mono-broad leaf to a mono-broadleaf. RF Safety Evaluation The proposed change in tree design does not impact our RF safety analysis. This project remains categorically excluded under the FCC rules, thus there is no further analysis required, nor is there a RF-safety basis to deny the project. Physical Design Elements Branch Coveraqe Based on the photo simulation of the new mono-broad leaf tree, the branch coverage and starting height appear to be appropriate. Bark Claddinq I recommend that T -Mobile be required to provide bark cladding from the base of the mono-broadleaf to the top Mountinq Hardware and Cables The mounting hardware for the antenna brackets, the antenna brackets, and the antenna cables external to the mono-broad leaf trunk should painted browns and greens to provide a camouflage effect. Panel Antenna Covers 1,- ,:- Kramer.Firm lnc. Harmony Bales February 7, 2006 T -Mobile Wireless 42101 Moraga Road Page 2 All antenna panels should be fully covered with faux-leaf netting or similar RF transparent camouflaging material. Conclusions and Recommendations My conclusion is that the project will continue to comply with the FCC GET 65 rules after the change in tree design. There is no basis for the City to deny the project based solely on RF emissions matters. Subject to the recommendations above, I believe this project is ready to move to the decision stage. /jlk (@ Bancho Water Board of Directors Ben R. Drake President Stephen J. Corona Sr. Vice President Ralph H. Daily Lisa D. Herman John E. Hoagland Michael R. McMillan William E. Plummer Officers: Brian J. Brady General Manager Phillip L. Forbes Assistant General Manager I ChiefFinancilllOfficer E. P. "Bob" Lemons DircctorofEngineering Perry R. Louck Director of Planning Jeff D. Armstrong Controller KeUiE.Garcia District Secretary C. Michael Cowett Best Bcst & Krieger LLP General Counsel February 7, 2006 Hannony Bales, Project Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 ffi)~~~ U ~~It)\ \Ii\ fEB 0 \) 2006 ~ By Planning Department SUBJECT: WATER AVAILABILITY T-MOBILE/ORCHARD CHRISTIAN FELLOWSHIP PARCEL NO.3 OF PARCEL MAP NO. 1/9 APN 921-310-025 CITY PROJECT NO. PA06-0026 IT-MOBILE] Dear Ms. Bales: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off- site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT /Y2;/ uh. . / Jiia~~ M~yerpeter, Development Engineering Manager 06\MM:atOJ3\FEG cc: Laurie Williams, Engineering Services Supervisor Rancho CDliCornia Water District 42135 Winchester Road. Post Office Box 9017 . Temecula, California 92589.9017 . (951) 296.6900 . FAX (951)296-6860 www.l"llochowllter.com .